This page (together with the documents referred to herein) tells you the terms and conditions upon which we will supply to you the products (Products) listed on our website www.furchildpets.com (our Site) via one of our subscription services (Services). Please read these terms and conditions carefully before ordering any Products from our Site or subscribing to one of our Services. You should understand that by ordering any of our Products or subscribing to one of our Services, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please tick the checkbox in the shopping cart to accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our Site.
4.8 Subscription Discounts. We reserve the right to change the discount allocated to an individual pet or group of pets. Subscription Discounts are given based on the assumption that the pet(s) are eating 100% Furchild meals.
Please note that the specific days in which a Meal Box can be delivered varies by geographic region, and delivery on each day will not be available in all areas. If you have any questions about your area and delivery, please contact Customer Care at email orders@furchildpets.com or call (971) 04 339 0100.
6.3
Please note that the ability to change an order locks five days prior to your scheduled delivery date. Therefore, if you wish to deactivate your account, you must do so before the day and time listed above for your respective delivery date. For example, if you have a scheduled delivery date on Tuesday, you have until Thursday at 11:59 PM PST to cancel your subscription. If you do so after the time listed for your delivery day, you will be charged and receive your Meal Box for that week, and the cancellation will take effect for the following Delivery Week. Furthermore, to deactivate your account, please email orders@furchildpets.com stating that you wish to terminate your account, along with your full name and registered email address. Additionally, you can access your account page on the Site or App, and deactivate your account that way. If applicable, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10 below).
8. Risk and title
8.1
The Products will be at your risk from the time of delivery.
8.2
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
8.3
To maintain the integrity of products after delivery, we recommend that you immediately refrigerate or freeze perishable items.
9. Price and payment
9.1
The price of the Products and our delivery charges, if any, will be as quoted on our Site from time to time, except in cases of obvious error.
9.2
Product prices include applicable taxes.
9.3
Product prices and delivery charges, if any, are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation.
9.4
Payment for all Products and Services must be by credit or debit card. We accept payment with Visa and Mastercard. We reserve the right to change the payment methods we accept at any time. We will not charge your credit or debit card for a weekly delivery until after the deactivation deadline for such weekly delivery, with the exception of your first delivery under one of our Services which may occur immediately following your initial subscription to said Service.
10. Our refunds policy
10.1
If you refuse a Product from us:
10.1.1
Because you have deactivated the Contract between us within the applicable notice period (see clause 6.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of deactivation. In this case, we will refund the price of the Product in full, and any applicable delivery charges.
10.1.2
For any other reason (for instance, because you have notified us in accordance with clause 21 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will notify you of your refund, if any, via phone or e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via phone or e-mail that you were entitled to a refund. If all or part of a Product (Defective Item) is defective, we will credit you an amount equivalent to the value of the Defective Item towards a future purchase, including any applicable delivery charges and any reasonable costs you incur in refusing the Defective Item.
10.2
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
11. Warranty
We warrant to you that any Product purchased from us through our Site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
12. Our liability
12.1
If we fail to comply with these terms and conditions we shall only be liable to you for, at most, the purchase price of the Products.
12.2
Nothing in this agreement excludes or limits our liability for any matter for which it would be illegal for us to exclude or attempt to exclude our liability.
13. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
14. Notices
All notices given by you to us must be given to Furchild Food Stuff L.L.C. at orders@furchildpets.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or on the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15. Transfer of rights and obligations
15.1
The contract between you and us is binding on you and us and on our respective successors and assignees.
15.2
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. Intellectual property rights
16.1
We are the owner or the licensee of all intellectual property rights in our Site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
16.2
You may print off one copy, and may download extracts, of any pages from our Site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a license to do so from us and our licensors.
16.3
If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By subscribing to the Services you irrevocably authorize us to quote from your Commentary on our Site and in any advertising or social media outlets that we may create or contribute to.
17. Linking to this Website
17.1
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
18. Disclaimer as to ownership of trademarks, images of personalities and third party copyright
18.1
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with https://www.furchildpets.com and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to https://www.furchildpets.com.
19. Indemnity
19.1
You agree to indemnify, defend and hold harmless https://www.furchildpets.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
20. Variation
20.1
https://www.furchildpets.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
21. Invalidity
21.1
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
22. Complaints
22.1 We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
23. Events outside our control
23.1
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
23.2
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
23.2.1
Strikes, lock-outs or other industrial action;
23.2.2
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
23.2.3
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
23.2.4
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
23.2.5
Impossibility of the use of public or private telecommunications networks; and
23.2.6
The acts, decrees, legislation, regulations or restrictions of any government.
23.3
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
23.4
Availability and Delivery. Your order will be fulfilled by the delivery date set out in the Confirmation or, if no delivery date is specified, then within 30 days of the date of the Confirmation, absent the occurrence of a Force Majeure Event. In the event of a Force Majeure Event, we are not liable for the cost of any compromised or failed deliveries; however, we reserve the right to refund you for all or part of any such compromised or failed deliveries as we see fit.
24. Waiver
24.1
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
24.2
A waiver by us of any default will not constitute a waiver of any subsequent default.
24.3
No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
25. Severability
25.1
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
26. Entire agreement
26.1
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
26.2
We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
26.3
Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
26.4
Nothing in this clause limits or excludes any liability for fraud.
27. Our right to vary these terms and conditions
27.1
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
27.2
You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
28. Law and jurisdiction
28.1
Contracts for the purchase of Products through our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by New York law, without respect to its conflict of laws provisions. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of Dubai, UAE. You expressly and agree: (i) to submit to the exclusive personal jurisdiction of the state and federal courts sitting in Dubai, UAE; and (ii) that the Products and the Services shall be deemed passive that do not give rise to personal jurisdiction over Furchild Food Stuff L.L.C., either specific or general, in jurisdictions other than Dubai, UAE.
The last update to our Terms of Service was posted on September, 10th, 2016
